What is the standard of review on appeal for probation decisions?

California, United States of America


The following excerpt is from People v. Gallegos, 163 Cal.App.3d 1132, 210 Cal.Rptr. 329 (Cal. App. 1985):

The standard of review on appeal for probation decisions allows broad discretion to the trial court; the only restriction on the court's exercise of that discretion is that it may not act arbitrarily or capriciously. (People v. Robart (1973) 29 Cal.App.3d 891, 893, 106 Cal.Rptr. 51.) In this case, since the jury convicted appellant of the drunk driving charges in Case No. M22017, the trial court had sufficient cause to find a probation violation had occurred. Accordingly, the court did not abuse its discretion by redetermining the question whether that conduct also violated appellant's probation, and then modifying the terms of her probation.

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